- For use on non riparian land. While the proprietor of land abutting on a stream, a riparian proprietor, has the right, to a qualified extent, to appropriate the water of the stream, he can, in most jurisdictions, appropriate it for use only upon, or in connection with, the riparian land.50 He can, accordingly, not utilize it for purposes of sale and distribution

McEvoy v. Gallagher, 107 Wis. 331, 83 N. W. 633. Contra, King v. Danville, 32 Ky. Law Rep. 1188, 107 S. W. 1189. There is also apparently a dictum, contra, in a late California case. San Joaquin & Kings River Canal & Irr. Co. v. Fresno Flume & Irr. Co., 158 Cal. 626, 35 L. R. A. (N. S.) 832, 112 Pac. 182. And see lower owner to have the water flow past his land as it has been accustomed to flow is not infringed by either of such actions on the part of the owner above him.